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Accented Universality: Exploring Accountability as a Non-Translatable Concept in Central Asia Review of Central and East European Law (IF 0.103) Pub Date : 2023-12-21 Natalia Zakharchenko
An éminence grise of human rights – the principle of accountability – has been continuously advancing its normative presence in international law and rights discourses in the last couple of decades. Its transformative promises, on the other side, are hindered by the conceptual dubiety rooted, inter alia, in the non-translatability of the concept to many world languages. The current article attempts
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Between Dialogue, Conflict, and Competition: The Limits of Responsive Judicial Review in the Case of the Romanian Constitutional Court Review of Central and East European Law (IF 0.103) Pub Date : 2023-12-21 Silvia Suteu
A response to Rosalind Dixon’s Responsive Judicial Review (Oxford University Press 2023) assessing her theory’s prospects and caveats in the Romanian constitutional context. The piece analyses recent case law from the Romanian Constitutional Court and highlights three important shortcomings that limit the applicability of Dixon’s framework: the tendency toward formalism in constitutional interpretation
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Changing Forms of Maximalism in the Decision-Making of the Czech Constitutional Court Review of Central and East European Law (IF 0.103) Pub Date : 2023-12-21 Pavel Ondřejek
The article analyses how wide and general conclusions are formulated in case law, using a sample of decisions of the Czech Constitutional Court from 1998 and 2018. The article shows tendencies towards institutionalisation of maximalist decision-making in the form of formulating general principles as starting points for decisions made in individual cases. Another important observation is connected with
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Constitutional Review as a Democratic Instrument Review of Central and East European Law (IF 0.103) Pub Date : 2023-12-21 Kriszta Kovács, Gábor Attila Tóth
The article situates Rosalind Dixon’s Responsive Judicial Review in constitutional legal literature and engages with its central message by introducing the idea of constitutional courts as accessible democratic institutions. It compares constitutional review in a well-functioning and a declining democracy. After considering the relationship between democratic self-government and constitutional review
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Legal Challenges in Prosecuting the Crime of Aggression in the Russo-Ukrainian War Review of Central and East European Law (IF 0.103) Pub Date : 2023-12-21 Evhen Tsybulenko, Henna Rinta-Pollari
The Russian invasion of Ukraine has opened a debate over how to ensure accountability for the supreme international crime, namely the crime of aggression. Prosecuting the crime of aggression related to Russia’s attack on Ukraine is hampered by the fact that neither country, Russia nor Ukraine, are Member States of the Rome Statute, which established the International Criminal Court (icc) and transferred
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Responsive Judicial Review “Light” in Central and Eastern Europe – A New Sheriff in Town? Review of Central and East European Law (IF 0.103) Pub Date : 2023-12-21 David Kosař, Sarah Ouředníčková
This article engages with Ros Dixon’s theory of “Responsive Judicial Review” (oup, 2023). It argues that Central and Eastern European jurisdictions with specialized constitutional courts face two major obstacles to engage fully in responsive judicial review – legal formalism and the very fact that constitutional review is centralized into one institution, which discourages pluralistic debates about
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Serbian Constitutional Court – (In)dependent Protector of the Rule of Law and Human Rights? Review of Central and East European Law (IF 0.103) Pub Date : 2023-12-21 Ivana Krstic
This paper is provoked by Rosalind Dixon's book on Responsible Judicial Review and the arguments expressed by the author. The paper deals with the independence of the Constitutional Court in Serbia, as the most important requirement for a responsive judicial review. The main premise is that because of the appointment of judges, almost unknown in professional circles, and their servile relationship
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Bridging Between an Effective Economy and Environmental Protection Under the Lithuanian Constitution Review of Central and East European Law (IF 0.103) Pub Date : 2023-08-07 Agnė Juškevičiūtė-Vilienė
In 1992, the Lithuanian Constitution created the preconditions for the stable and successful economic development of the state and laid down foundations for regulating economic relationships that ensure the predictability of economic, social, and legal relationships. The article analyzes how the concept of social justice as chosen by the drafters of the Constitution influences Lithuanian economic policy
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Doctrinal Experimenting with the Constitution in Lithuania: On the Structure of the Constitution, the Non-Amendability of Constitutional Provisions, and the Legal Force of ‘Pre-Constitutional’ Acts Review of Central and East European Law (IF 0.103) Pub Date : 2023-08-07 Egidijus Kūris
Lithuania’s 1992 Constitution has undergone a series of amendments, including certain structural changes. Besides formal amendments, constitutional regulation is subject to reinterpretation in the Constitutional Court’s case law. As a result, not only the content of specific provisions of the Constitution, but also the very perception of constitutional law has been reshaped by, inter alia, reducing
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The European Convention on Human Rights and the Lithuanian Constitutional Court: the echr’s Formal Status, Impact and Interaction Between the Court and the ECtHR Review of Central and East European Law (IF 0.103) Pub Date : 2023-08-07 Karolina Bubnytė-Širmenė
The article explores the attitude of the Lithuanian Constitutional Court to the European Convention on Human Rights, revealing its evolution from the establishment of the Court in 1993 until today. It is assumed that the most significant impact of the Convention was perceived in earlier constitutional jurisprudence, while its increased quality and quantity brought changes in the Court’s attitude to
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The Principle of Separation of Powers: the Case of Lithuania Review of Central and East European Law (IF 0.103) Pub Date : 2023-08-07 Haroldas Šinkūnas, Dovilė Pūraitė-Andrikienė
The principle of separation of powers is one of the most important constitutional principles underlying the organization of public power. In interpreting this principle, the Lithuanian Constitutional Court has defined it is a fundamental principle of the organization and functioning of a democratic state governed by the rule of law, which requires not only separation of the branches of government but
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Towards an Effective Constitution in Lithuania: the Role of the Constitutional Court Review of Central and East European Law (IF 0.103) Pub Date : 2023-08-07 Dovilė Pūraitė-Andrikienė
This article deals with the role of the Lithuanian Constitutional Court in ensuring the effectiveness of the Constitution. This research is based on the assumption that the success of constitutional review in a given state is determined (and at the same time characterized) by the following key preconditions: the social, political and legal environment of the state; the scope of powers of the constitutional
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How can legal interpretation change the legal order into legal disorder? (Lessons from the Czech Republic) Review of Central and East European Law (IF 0.103) Pub Date : 2023-03-28 Karel Beran
An opinion long prevailed in the Czech Republic that a judge is bound, in his decision-making, only by statutory law and by international treaties which, according to the Constitution of the Czech Republic, have priority over statutory law. The fact that a judge is bound by statutory law was mostly understood in that the judge is bound by the “word of the statutes”. A judge thus could not be formally
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Poland’s Rule of Law Breakdown Continued: Judge Żurek’s Battle for Judicial Independence Within the European Human Rights Framework Review of Central and East European Law (IF 0.103) Pub Date : 2023-03-28 Alena Kozlová
Judicial independence and rule of law in Poland have been increasingly under challenge before national and European courts. Departing from a case study of Judge Żurek, an emblematic figure of the Polish judicial community prosecuted for criticizing the post-2015 judicial reforms, this article assesses how the European Human Rights framework can play out in a particular case of a judge defending the
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The Temporary Transfer of Presidential Powers in the Czech Republic Review of Central and East European Law (IF 0.103) Pub Date : 2023-03-28 Philipp Köker
The Presidency plays a central role in the functioning of the Czech political system. Among others, the President convenes the first sitting of the Chamber of Deputies after elections and must appoint the Government before it can seek parliamentary confidence. Therefore, the emergency hospitalization of President Miloš Zeman after the 2021 parliamentary election presented politicians with a hitherto
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Civil Limitation Statutes and International Arbitration in Central Asia: not Business as Usual Review of Central and East European Law (IF 0.103) Pub Date : 2022-12-22 Ilias Bantekas
It is generally agreed that statutory limitations applicable to civil proceedings have no place in international arbitration proceedings, unless these have been specifically accepted by the parties; are imposed by mandatory laws, or; otherwise compelled by public policy. In equal measure, the process and recognition of enforcement awards should not be subjected to any statutory limitations, as such
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International Law in Central Asia: Practices and Doctrines Review of Central and East European Law (IF 0.103) Pub Date : 2022-12-22 Sergey Sayapin
Since their independence in 1991, the states of Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) have become increasingly important as regional and international actors. They have joined the United Nations (UN) as well as regional organizations, such as the Commonwealth of Independent States (cis), the Collective Security Treaty Organization (csto), the Shanghai Cooperation
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The Interplay between Ukraine’s Domestic Legislation on Conflict and Uncontrolled Territories and its Strategic Use of ‘Lawfare’ before Russia’s 2022 Invasion of Ukraine – A Troubled Nexus? Review of Central and East European Law (IF 0.103) Pub Date : 2022-12-22 Maryna Rabinovych
Russia’s full-scale invasion of Ukraine on 24 February 2022 can be seen as a culmination of eight years of its aggression against Ukraine, including its annexation of Crimea in March 2014 and the control of the two ‘People’s Republics’ in Donbas. Before the invasion, the Ukrainian authorities had actively expressed their politico-legal stance on the conflict, using lawfare against the Russian Federation
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‘Shaming’ the Court: Ukraine’s Constitutional Court and the Politics of Constitutional Law in the Post-Euromaidan Era Review of Central and East European Law (IF 0.103) Pub Date : 2022-12-22 Andrii Nekoliak
Since the Euromaidan events of 2014, Ukraine has embarked on a reformist trajectory to ‘Europeanize’ the country and deliver the promise of good governance to its citizens. The series of legislative and public policy reforms that followed had financial and ideological support from Ukraine’s Western partners. To date, studies have focused on documenting and analyzing the course of international donors’
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The Unfolding Illiberalism in Hungary Review of Central and East European Law (IF 0.103) Pub Date : 2022-12-22 Tímea Drinóczi
The emerging literature on illiberalisms offers a framework for detecting whether or not a special Hungarian illiberalism has been unfolding. Over the last 12 years, Hungary’s former liberal constitutionalist nature has been changed to illiberal constitutionalism. This transformation of the constitutional system recently culminated with the fourth consecutive electoral victory of Viktor Orbán in April
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The Russian Approach to the Permissibility of Examining Jurors in the Light of Foreign Law: Reflecting on the Arguments of the Russian Constitutional Court Review of Central and East European Law (IF 0.103) Pub Date : 2022-06-28 Aldar Chirninov
This article examines the landmark Aliev case decided by the Russian Constitutional Court in 2020. In this case, the Constitutional Court was expected to determine whether jurors must be prohibited from testifying about the outside influence they were subjected to during deliberation. The paper discusses what is right and wrong with the Constitutional Court’s judgment and assesses the quality of its
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‘Everyday Judicial Populism’ in Hungary Review of Central and East European Law (IF 0.103) Pub Date : 2022-03-08 Mátyás Bencze
Scholarly works on judicial populism tend to concentrate on the landmark judgments of constitutional courts and apex courts. Nonetheless, the examination of the activities of ordinary courts is of great importance as they shape the lives of citizens and can strengthen or curb populist politics. In this paper I analyze a phenomenon emerging in the adjudication of Hungarian ordinary courts which can
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Populism and Law in Hungary – Introduction to the Special Issue Review of Central and East European Law (IF 0.103) Pub Date : 2022-03-08 Tamás Hoffmann, Fruzsina Gárdos-Orosz
Populism is a nebulous concept that has almost as many definitions as scholars engaging with the concept that has a paradoxical relationship with law. On the one hand, populist politicians generally oppose the liberal ideal of separating politics and law, i.e. accepting that legal rules should limit political power, claiming that it would impede the expression of the popular will, yet they use legal
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Illegal Legality and the Façade of Good Faith – Migration and Law in Populist Hungary Review of Central and East European Law (IF 0.103) Pub Date : 2022-03-08 Tamás Hoffmann
Hungarian migration regulation has undergone a radical transformation since 2015, resulting in a system that essentially deprives asylum seekers of any international protection. This was a strategic move by the government to portray itself as the defender of Hungary and even Europe of the menace of uncontrolled migration. This article critically analyzes this transformation by first giving a comprehensive
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Two Decades of Penal Populism – The Case of Hungary Review of Central and East European Law (IF 0.103) Pub Date : 2022-03-08 Zsolt Boda, Mihály Tóth, Miklós Hollán, Attila Bartha
Hungary Post-2010 has been ruled by Viktor Orbán and his right-wing Fidesz party and is generally regarded as a typical case of populist governance. Reforming the Penal Code was one of the first major policy changes initiated by Fidesz shortly after winning the 2010 elections. It introduced the ‘three-strikes’ principle into Hungarian penal policy which is considered a prime example of penal populism
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Labor Law Reforms after the Populist Turn in Hungary Review of Central and East European Law (IF 0.103) Pub Date : 2022-03-08 Sara Hungler
The characteristics of Hungarian populism and its effects on labor and social policy are rather different compared to those of western Member States of the EU. These differences are due to the different experiences related to inter- and intra-EU migration and to the difference in how the EU’s austerity measures were imposed during the economic crisis. The two distinctive elements are the workfare regime
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Constitutional Changes in Populist Times Review of Central and East European Law (IF 0.103) Pub Date : 2022-03-08 Zoltán Szente
The article examines the impacts of populist government in Hungary on constitutional law since 2010. The criterion of the analysis is whether the comprehensive and radical changes that took place during this time have been characterized by the distinctive traits, ambitions and values that the scholarship attributes to populism and ‘populist constitutionalism’, above all anti-elitism, anti-institutionalism
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Sectoral Special Taxes in Hungary as Instruments of a Populist Fiscal Policy: A Legal Analysis Review of Central and East European Law (IF 0.103) Pub Date : 2022-03-08 Marton Varju, Mónika Papp
In order to meet a variety of locally relevant socio-economic expectations and needs, Hungarian tax policy in the last decade has applied a number of unconventional instruments. The government favored in particular the imposition of additional taxes on corporate taxpayers in specific sectors of the national economy. The taxation of turnover in addition to corporate profits has proved to be a particularly
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Ideological Concepts in ‘Formalism, Decisionism and Conservatism in Russian Law’ (2021) by Mikhail Antonov Review of Central and East European Law (IF 0.103) Pub Date : 2021-12-08 Sergei Akopov
The present review analyses key ideas of professor Mikhail Antonov’s 2021 book on formalism, decisionism and conservatism in Russian Law. This review essay is written in the form of an imaginary dialogue between the reviewer (a political philosopher) and the author (legal philosopher). Its main aim is to explore legal dimensions of Russia’s new ideology of conservatism. Divided into five sections,
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The Legal Consequences of Unfair Contract Terms in Consumer Loan Agreements Valorized with Foreign Currency: Considerations with Respect to the Judgment of the cjeu in the Dziubak Case (C-260/18) Review of Central and East European Law (IF 0.103) Pub Date : 2021-12-08 Bartosz Ziemblicki, Mateusz Lewandowski
In recent years, the Court of Justice of the European Union has issued a number of judgments addressing the issue of consumer protection in connection with the use of unfair terms by banks in loan agreements indexed with a foreign currency exchange rate. Most of them have concerned issues of exchange rate risk and exchange rate differences between the purchase and sale rates of a given currency applied
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The Concept of the ‘Living Constitution’ in Russian Constitutional Theory and Practice Review of Central and East European Law (IF 0.103) Pub Date : 2021-12-08 Caroline von Gall
In discussing the concept of the ‘living constitution’ in Russian constitutional theory and practice, this paper shows that the Russian concept of the living constitution differs from U.S. or European approaches to evolutive interpretation. The Russian concept has its roots in Soviet and pre-revolutionary Russian constitutional thinking. It reduces the normative power of the Constitution but allows
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The Status of Crimea and the Sea of Azov as a Jurisdictional Hurdle in Ukraine v. Russia: A Comment on the unclos Annex vii Arbitral Tribunal’s Award concerning Preliminary Objections Review of Central and East European Law (IF 0.103) Pub Date : 2021-12-08 Valentin Johannes Schatz
On 21 February 2020, the arbitral tribunal constituted under Annex vii of the United Nations Convention on the Law of the Sea (unclos) in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation) rendered its award concerning preliminary objections. This comment focuses on the arbitral tribunal’s findings concerning Russia’s two
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Regulating without Regulation? Regulating without the Sovereign?: The Good Governance Concept versus Automated Decision-Making in Poland in the Light of European Union Law Review of Central and East European Law (IF 0.103) Pub Date : 2021-12-08 Robert Grzeszczak, Joanna Mazur
The development of automated decision-making technologies creates the threat of de-iuridification: replacement of the legal acts’ provisions with automated, technological solutions. The article examines how selected provisions of the General Data Protection Regulation concerning, among other things, data protection impact assessments, the right to not be subject to automated decision-making, information
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David M. Crowe (ed), Stalin’s Soviet Justice: ‘Show’ Trials, War Crimes Trials, and Nuremberg Review of Central and East European Law (IF 0.103) Pub Date : 2021-05-27 Anna Lukina
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Institutional Determinants for Representation of Indigent Defendants: Evidence from Russia Review of Central and East European Law (IF 0.103) Pub Date : 2021-05-27 Anton Kazun
Little is known about the motives of lawyers who provide free legal assistance in countries that lack both a developed professional community and developed institutions related to the rule of law. Based on a survey of 3,317 criminal defense lawyers (advokaty) in 35 regions of Russia, we analyze the provision of two types of free legal services: participation in legal proceedings “on appointment” (po
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Sergey Yu. Marochkin, The Operation of International Law in the Russian Legal System Review of Central and East European Law (IF 0.103) Pub Date : 2021-05-27 Ralph Janik
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The Class Action in Lithuania and Poland: History, Experiences and Lessons Review of Central and East European Law (IF 0.103) Pub Date : 2021-05-27 Vytautas Nekrošius, Kinga Flaga-Gieruszyńska
The article analyses the peculiarities of the regulation of Class Action institution in the civil proceedings of Lithuania and Poland. Due to its limited scope, this article investigates the civil proceedings in the first instance courts only. The authors draw a special focus on the comparative analysis and the analysis of the effectiveness of the procedure in the current regulation by investigating
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The Proportionality Principle in the Jurisprudence of the Russian Constitutional Court Review of Central and East European Law (IF 0.103) Pub Date : 2021-05-27 Alexandra Troitskaya
This paper addresses the boundaries on restrictions of human rights imposed by the proportionality principle, examines the elements of the structure of this principle, and attempts to present the meaning of its elements consistently in terms of the potential for the protection of fundamental rights that are subject to restrictions. The main criticisms of some proportionality tests are considered, as
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Europeanization of General Administrative Procedure in Serbia Review of Central and East European Law (IF 0.103) Pub Date : 2021-05-27 Marko Davinić, Vuk Cucić
Serbia (as well as other countries of the Western Balkan region) recently adopted the new General Administrative Procedure Act (gapa). The drafting and adoption process was strongly influenced by the European Union and its experts from the sigma organization. The paper first analyzes the novelties introduced and improvements made under European influence. The authors then go on to analyze deficiencies
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A Father’s Entitlement to Paternity and Parental Leave in Lithuania: Necessary Legislative Changes Following the Adoption of the Directive on Work–Life Balance Review of Central and East European Law (IF 0.103) Pub Date : 2021-05-27 Ingrida Mačernytė-Panomariovienė, Rytis Krasauskas
There is a great deal of legislation that has been adopted by the European Union which, in one way or another, aims at ensuring equal opportunities and a good work–life balance. One specific issue in this area relates to childcare leave. In practice, providing for equal opportunities has meant enabling women to integrate into the labor market, to advance their careers, and to have more guarantees and
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In Memoriam Aleksandr L. Makovskii Review of Central and East European Law (IF 0.103) Pub Date : 2021-02-24 Ferdinand Feldbrugge,William B. Simons
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Protection of Property Rights in Crimea: The Tools of International Investment Law compared to the Mechanism of the European Convention on Human Rights Review of Central and East European Law (IF 0.103) Pub Date : 2021-02-24 Maren Krimmer
The Crimean conflict has been a challenge to the international community not only politically since the role of international law has now been questioned, especially concerning its interpretation and even applicability. As Crimea now falls into the category of an annexed/occupied territory, it is worth examining whether effective protection is afforded to property rights relating to foreign direct
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Making Sense of the Political Question Doctrine: The Case of Kosovo Review of Central and East European Law (IF 0.103) Pub Date : 2021-02-24 Violeta Beširević
Ever since it was announced in Madison v. Marbury, and articulated in Baker v. Carr, the political question doctrine that tends to exclude ‘mega politics’ from judicial check has been a controversial tool of judicial abstention. Not only that it is not universally applied, but it seems also to be losing significance even in countries of its usual influence due to extensive judicialization of ‘mega
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The Framework Convention for the Protection of National Minorities and Internalization: Lessons from the Western Balkans Review of Central and East European Law (IF 0.103) Pub Date : 2021-02-24 Elizabeth Craig
The precise form of internalization of the provisions of the Council of Europe’s Framework Convention for the Protection of National Minorities in domestic law is crucial in ensuring its long-term effectiveness. Experiences in the Western Balkans raise important questions about the role of minority (or community) rights legislation in deeply divided societies. This article uses the case-studies of
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Carl Schmitt in Hungary: Constitutional Crisis in the Shadow of Covid-19 Review of Central and East European Law (IF 0.103) Pub Date : 2021-02-24 Gábor Mészáros
This paper discusses the Hungarian constitutionalism and the emergency model which can be called an ‘autocratic’ emergency model in which the government’s main aim is to create an emergency regime without real threat. That was the case in Hungary before 2020, but as the new coronavirus flourished the Hungarian constitutionalism and the rule of law withered. As the article asserts the declaration of
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Personal Autonomy and its Direct Constitutional Limits – a Polish Perspective Review of Central and East European Law (IF 0.103) Pub Date : 2021-02-24 Jan Podkowik
The article discusses the concept of personal autonomy as a constitutional fundamental right protected by the Polish Constitution of 1997. Autonomy is not only a constitutional value of an unspecified character but also a right with its own specific normative content. Personal autonomy, also called the right to self-determination, is rooted in natural law. The scope of its constitutional protection
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Foreword … in the tradition of liber amicorum Review of Central and East European Law (IF 0.103) Pub Date : 2020-12-16 Joseph Marko,Benedikt C. Harzl,Aistė Mickonytė
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The Practices of ‘Splitting’ and ‘Common Accord’ Under Scrutiny: the European Parliament‘s Request for an Opinion of the European Court of Justice on the Istanbul Convention Review of Central and East European Law (IF 0.103) Pub Date : 2020-12-16 Elizaveta Samoilova
With all eyes on the recent global COVID-19 pandemic, another pandemic has been growing in the shadows: violence against women. The Council of Europe’s Istanbul Convention creates a legal framework in order to protect women against all forms of violence. Its ratification process, however, has faced considerable challenges, particularly in the Central and Eastern European Member States. This article
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Defending Democracy and the Rule of Law in the Era of Post-Enlargement Review of Central and East European Law (IF 0.103) Pub Date : 2020-12-16 Kirsten Schmalenbach
This contribution critically analyses the four limbs of the EU’s defence mechanism upholding the rule of law within the Union. The first being the individual post accession rule of law mechanism, introduced by the Commission in 2006 for the two new member states Bulgaria and Rumania. The second, and arguably most powerful limb, involves the EU Court of Justice conducting a judicial review of a member
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Contestation of Kosovo’s Statehood from Within: EULEX Judges Adjudicating Privatization Matters through ‘Status Neutrality’ Review of Central and East European Law (IF 0.103) Pub Date : 2020-12-16 Kushtrim Istrefi
Kosovo’s statehood has been contested by foes as well as friends. Much is known about the former and less about the latter. This contribution explores the contestation of Kosovo’s independence by the judges of the European Union Rule of Law Mission in Kosovo (eulex) working on privatization matters before Kosovo courts. As put by the Constitutional Court of the Republic of Kosovo (kcc), eulex judges
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Indicators for Monitoring Implementation of EU Equality Directives Review of Central and East European Law (IF 0.103) Pub Date : 2020-12-16 Emma Lantschner
The present article discusses the usefulness of indicators in monitoring not only the legal transposition but also the practical implementation of the two Equality Directives adopted in 2000. It focuses on those provisions of the Directives which have assigned a particular role to ngos, both in reacting to discrimination as well as in preventing discrimination and promoting equality. Indicators have
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Zygmunt Ziembiński and his Analytical Theory of Law: Formalization of Law as an Instrument to Protect its Minimal Moral Content Review of Central and East European Law (IF 0.103) Pub Date : 2020-06-23 Marzena Kordela
Zygmunt Ziembiński defined law as a system of norms of conduct distinguishable from other social norms by determined formal features. By qualifying norms as linguistic expressions he predetermined the analytical character of his entire theory of law. However, by assuming that the creator of legal norms – the rational legislator – among its methodological characteristics also includes the assumption
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Jerzy Wróblewski’s Legal Theory and His Influence on Humanist Legal Thought Review of Central and East European Law (IF 0.103) Pub Date : 2020-06-23 Marek Zirk-Sadowski
This paper presents Jerzy Wróblewski’s (1926–1990) theory of law. He was an eminent Polish legal philosopher. His philosophical minimalism, anticognitivism, relativism and moderate reconstructivism constitute the basis for analytical theory of law in Poland. He was developing his theory of law over the span of several dozens of years but the assumptions were formulated already in his first work on
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Opałek and Ross on Directives and Norms: A Comparative Study Review of Central and East European Law (IF 0.103) Pub Date : 2020-06-23 Urszula Kosielińska-Grabowska
In his monograph Z teorii dyrektyw i norm [From the Theory of Directives and Norms] (1974) Kazimierz Opałek, apart from other issues, analyzes directives, optatives and evaluative statements as utterances belonging to the directive discourse and deals with a question of the logical-semantic status of the utterances. Opałek’s main critique concerns the logical-semantic status of the topic – the concept
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Stanisław Ehrlich’s Critique of Legal Dogmatics: Then and Now Review of Central and East European Law (IF 0.103) Pub Date : 2020-06-23 Wojciech Zomerski
The main aim of this paper is to reconstruct Stanisław Ehrlich’s critique of legal dogmatics by which he understood a legal discipline that explains in a systematic manner the normative material which consists of description, classification and systematization of norms. As an additional aim of this article is to remind about Ehrlich’s achievements and contribution to the regional legal theory, this
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Jerzy Wróblewski’s Concept of Legal Interpretation in its Axiological and Epistemological Context Review of Central and East European Law (IF 0.103) Pub Date : 2020-06-23 Tomasz Bekrycht
The work of Jerzy Wróblewski has had a huge impact not only on the theory and philosophy of law, both in Poland and internationally, but also on the whole of jurisprudence, especially the fields of doctrinal legal research and the practical application of the law (in particular on adjudication). The aim of this study is to present one of Wróblewski’s most influential concepts, namely the theoretical
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Polish Jurisprudence in the 20th Century: A General Overview Review of Central and East European Law (IF 0.103) Pub Date : 2020-06-23 Tomasz Bekrycht,Rafał Mańko
The present paper provides a general overview of the sources of inspiration and main currents in Polish jurisprudence in the 20th century, especially in the post-War and contemporary period. The paper notes that the main sources of inspiration in the early 20th century included Leon Petrażycki, Bronisław Wróblewski, Czesław Znamie-rowski and Jerzy Lande, who exerted a great influence on the first generation
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Conceptualising Judicial Application of Law in the Polish Theory of Legal Interpretation Review of Central and East European Law (IF 0.103) Pub Date : 2020-06-23 Mariusz J. Golecki, Bartosz Wojciechowski
The article presents the issue of the judicial application of the law in contemporary Civil Law jurisdictions. This topic arouses a great deal of controversy, because it is associated with granting courts a wide range of discretionary powers, including lawmaking. In the theoretical-legal literature this issue is often dealt with by juxtaposing different ideologies on the judicial application of law:
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Wiesław Lang’s Legal Thought – Between Sociological and Analytical Jurisprudence Review of Central and East European Law (IF 0.103) Pub Date : 2020-06-23 Milena Korycka-Zirk
The article is an attempt to trace in Wiesław Lang’s scientific research the influence of sociological jurisprudence, as initiated in Polish legal science by Leon Petrażycki: the original source of Lang’s scientific inspiration. Not only significant traces of sociological research concepts but also the broader perception of the notion of law typical for this trend in jurisprudence can be seen in W
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Negligent Rape in Croatian Criminal Law: Was Legal Reform Necessary? Review of Central and East European Law (IF 0.103) Pub Date : 2020-03-13 Marin Mrčela,Igor Vuletić,Goran Livazović
This paper discusses the issue of negligent rape and liability for unreasonable belief in the victim`s consent in the context of Croatian criminal law. Modern rape law presents many challenges to both lawmakers and judges, with criminalizing negligence being only one of those challenges. This became more interesting in Croatia after amendments to the Criminal Code in 2011 (in effect since 2013), that